CENTENNIAL SUNDAYS
Drama in the courtroom
Journal wins hard-fought battle to protect free speech, watchdog role
Editor鈥檚 note: In honor of July 4, today鈥檚 Centennial Sundays package highlights the Journal鈥檚 defense of free speech and government transparency. The Centennial Sundays series is being presented to mark 100 years of the Lang family鈥檚 local ownership of the 近距离内射合集.
In 1983, the 近距离内射合集 and its publisher, T.H. Lang, won a landmark jury trial that protected the First Amendment and the Journal鈥檚 role as watchdog, holding accountable government and law enforcement officials in New Mexico.
The two-month libel trial featured plenty of drama. Well-known F. Lee Bailey was one of the plaintiff鈥檚 lawyers; New Mexico political and law enforcement leaders took the stand to testify; and the plaintiff was none other than prominent Albuquerque criminal attorney William Marchiondo. He claimed the Journal libeled him in a story published in March 1977, about organized crime making inroads into New Mexico.
In the Journal story reporting on the verdict, Lang called it 鈥渁 significant event in setting back the intrusion of organized crime in New Mexico,鈥 and added, 鈥淭he press has not been muzzled in this state.鈥
鈥淲hat I felt when the trial was over,鈥 said Journal counsel Jim Dines in a recent interview, 鈥渨as the Journal became the player in investigative reporting. It had a publisher who would stand up to the 鈥榥th鈥 degree for First Amendment rights 鈥 a publisher willing to put his money behind the First Amendment because he believed in the truth.鈥
Shaping libel law
As early as 1975, Marchiondo had filed lawsuits claiming the Journal and other defendants libeled him by calling him a person of influence.
The suits focused on a political advertisement and two 1982, those lawsuits ultimately were dismissed.
The rulings, which were handed down more than 40 years ago, helped shape libel law by safeguarding matters of opinion, advertisements, political speech and issues of public interest 鈥 protections that still stand today.
First, a car bombing
Back to the high-profile trial, Marchiondo ultimately sought $17 million, the equivalent of more than $90 million in today鈥檚 dollars.
The story at the center of the trial was part of a series produced by the national nonprofit Investigative Reporters and Editors Inc., after the 1976 car-bombing death of Arizona journalist Don Bolles. Bolles had been reporting on organized crime.
近距离内射合集 counsel Dines recalled how the Journal faced setbacks early in the case when the judge denied the newspaper鈥檚 motion to declare Marchiondo a public figure. That made the case much more difficult for the Journal: To prove libel, a public figure needs to show there was actual malice in the reporting while a nonpublic figure simply needs to show negligence by the newspaper, Dines explained.
The story never reported that Marchiondo was involved in organized crime. Instead, it reported that Marchiondo met with James Napoli, an alleged organized crime boss in New York. Marchiondo also represented Napoli鈥檚 son in New Mexico in a criminal case. Marchiondo in the story said Napoli was a good friend 鈥 鈥渁 beautiful person鈥 鈥 and that Napoli never mentioned being interested in some form of gambling if New Mexico should legalize it. The story quoted Marchiondo as saying he never associated 鈥渨ith people who are connected to organized crime.鈥
The lawsuit contended the Journal left the impression that Marchiondo was involved in organized crime in large part because of the juxtaposition of a photo and headline. The story鈥檚 headline, both on Page 1 and on the first jump page, read: 鈥淥rganized Crime Showing Interest in New Mexico.鈥 A photo of Marchiondo attending the New Mexico Legislature a year earlier on an unrelated topic was published below the headline on the jump page. Marchiondo was barely mentioned on that page; his interview appeared on the next jump page.
More than just a libel case
The Journal set out to do more than just defend itself against the libel suit. Through evidence and by deposing multiple government and law enforcement officials, the newspaper sought to show that alleged members of organized crime were trying to get a foothold in New Mexico. Dines recalled that the Journal also introduced into evidence wiretaps and body recordings provided by state and federal officials outside New Mexico. Those recordings were of alleged organized crime leaders discussing their relationships with individuals in New Mexico.
鈥淭he article reported there was organized crime activity in New Mexico,鈥 Dines said. Publisher 鈥淭om (Lang) wanted the truth to come out. This lawsuit was a vehicle to allow what was going on to come out.鈥
The jury voted 10-2 in the Journal鈥檚 favor.
鈥淕oing through this was an odyssey that had a happy ending,鈥 Dines said. 鈥淏ut it was a very difficult time, when you really felt you were out there on your own. ... State leaders and powers that be within the state, they did not want to see the apple cart turned over.鈥